No. 75. An act relating to strengthening Vermont’s response to opioid
addiction and methamphetamine abuse.
(H.522)
It is hereby enacted by the General Assembly of the State of Vermont:
* * * Legislative Intent * * *
Sec. 1. LEGISLATIVE INTENT
(a) This act is intended to provide a comprehensive approach to combating
opioid addiction and methamphetamine abuse in Vermont through strategies
that address prevention, treatment, and recovery, and increase community
safety by reducing drug-related crime.
(b) It is the intent of the General Assembly that the initiatives described in
this act should be integrated to the extent possible with the Blueprint for Health
and Vermont’s health care system and health care reform initiatives.
* * * Preventing Abuse of Prescription Drugs * * *
Sec. 2. 18 V.S.A. § 4201 is amended to read:
§ 4201. DEFINITIONS
As used in this chapter, unless the context otherwise requires:
***
(26) “Prescription” means an order for a regulated drug made by a
physician, physician assistant, advanced practice registered nurse, dentist, or
veterinarian licensed under this chapter to prescribe such a drug which shall be
in writing except as otherwise specified herein in this subdivision.
Prescriptions for such drugs shall be made to the order of an individual patient,
dated as of the day of issue and signed by the prescriber. The prescription
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shall bear the full name and, address, and date of birth of the patient, or if the
patient is an animal, the name and address of the owner of the animal and the
species of the animal. Such prescription shall also bear the full name, address,
and registry number of the prescriber and, unless electronically prescribed,
shall be written with ink, indelible pencil, or typewriter; if typewritten, it shall
be signed by the physician prescriber. A written or typewritten prescription for
a controlled substance, as defined in 21 C.F.R. Part 1308, shall contain the
quantity of the drug written both in numeric and word form.
***
Sec. 2a. 18 V.S.A. § 4202(d) is amended to read:
(d) The regulations adopted by the board of health Board of Health under
section 4201 of this title for the purpose of determining those drugs defined
under that section may be adopted only after prior written notice to the board
of pharmacy Board of Pharmacy and the board of medical practice Board of
Medical Practice and after the board of pharmacy Board of Pharmacy and the
board of medical practice Board of Medical Practice have had an opportunity
to advise the board of health Board of Health with respect to the form and
substance of those regulations or amendments and to recommend revisions
thereof, except with respect to emergency rules adopted pursuant to 3 V.S.A.
§ 844, which may be adopted without notice by the Commissioner of Health.
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Sec. 3. 18 V.S.A. § 4215b is added to read:
§ 4215b. IDENTIFICATION
Only a patient for whom a prescription was written, the owner of an animal
for which a prescription was written, or a bona fide representative of the
patient or animal owner, as defined by the Board of Pharmacy by rule after
consultation with the Commissioner of Health, may pick up a prescription for a
Schedule II, III, or IV controlled substance. Prior to dispensing a prescription
for a Schedule II, III, or IV controlled substance, a pharmacist shall require the
individual receiving the drug to provide a signature and show valid and current
government-issued photographic identification as evidence that the individual
is the patient for whom the prescription was written, the owner of the animal
for which the prescription was written, or the bona fide representative of the
patient or animal owner. If the individual does not have valid, current
government-issued photographic identification, the pharmacist may request
alternative evidence of the individual’s identity, as appropriate.
Sec. 3a. BOARD OF PHARMACY; RULEMAKING
The Board of Pharmacy shall adopt rules pursuant to 3 V.S.A. chapter 25 to
define which persons shall be considered bona fide representatives of a patient
or animal owner for the purposes of picking up a prescription for a Schedule II,
III, or IV controlled substance pursuant to 18 V.S.A. § 4215b.
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Sec. 4. 18 V.S.A. § 4218 is amended to read:
§ 4218. ENFORCEMENT
***
(d) Nothing in this section shall authorize the department of public safety
Department of Public Safety and other authorities described in subsection (a)
of this section to have access to VPMS (Vermont prescription monitoring
system) (Vermont Prescription Monitoring System) created pursuant to chapter
84A of this title, except as provided in that chapter.
(e) The Department of Public Safety, in consultation with representatives
of licensed Vermont pharmacies, shall adopt standard operating guidelines for
accessing pharmacy records through the authority granted in this section. Any
person authorized to access pharmacy records pursuant to subsection (a) of this
section shall follow the Department of Public Safety’s guidelines. These
guidelines shall be a public record.
Sec. 5. DEPARTMENT OF PUBLIC SAFETY; REPORTING STANDARD
OPERATING GUIDELINES
On or before December 15, 2013, the Commissioner of Public Safety shall
submit to the House and Senate Committees on Judiciary, the House
Committees on Human Services and on Health Care, and the Senate
Committee on Health and Welfare the Department’s written standard operating
guidelines used to access pharmacy records at individual pharmacies pursuant
to 18 V.S.A. § 4218. Subsequently, if the guidelines are substantively
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amended by the Department, it shall submit the amended guidelines to the
same committees as soon as practicable.
Sec. 6. 18 V.S.A. § 4282 is amended to read:
§ 4282. DEFINITIONS
As used in this chapter:
***
(3) “Trained law enforcement officer” shall include any officer
designated by the department of public safety who has completed a training
program established by rule by the department of health, which is designed to
ensure that officers have the training necessary to use responsibly and properly
any information that they receive from VPMS.
(4) “VPMS” shall mean the Vermont prescription monitoring system
established under this chapter.
(4) “Delegate” means an individual employed by a health care provider
or pharmacy or in the Office of the Chief Medical Examiner and authorized by
a health care provider or dispenser or by the Chief Medical Examiner to
request information from the VPMS relating to a bona fide current patient of
the health care provider or dispenser or to a bona fide investigation or inquiry
into an individual’s death.
(5) “Department” means the Department of Health.
(6) “Drug diversion investigator” means an employee of the Department
of Public Safety whose primary duties include investigations involving
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violations of laws regarding prescription drugs or the diversion of prescribed
controlled substances, and who has completed a training program established
by the Department of Health by rule that is designed to ensure that officers
have the training necessary to use responsibly and properly any information
that they receive from the VPMS.
(7) “Evidence-based” means based on criteria and guidelines that reflect
high-quality, cost-effective care. The methodology used to determine such
guidelines shall meet recognized standards for systematic evaluation of all
available research and shall be free from conflicts of interest. Consideration of
the best available scientific evidence does not preclude consideration of
experimental or investigational treatment or services under a clinical
investigation approved by an institutional review board.
Sec. 7. 18 V.S.A. § 4283 is amended to read:
§ 4283. CREATION; IMPLEMENTATION
(a) Contingent upon the receipt of funding, the department may establish
The Department shall maintain an electronic database and reporting system for
monitoring Schedules II, III, and IV controlled substances, as defined in
21 C.F.R. Part 1308, as amended and as may be amended, that are dispensed
within the state State of Vermont by a health care provider or dispenser or
dispensed to an address within the state State by a pharmacy licensed by the
Vermont board of pharmacy Board of Pharmacy.
***
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(e) It is not the intention of the department Department that a health care
provider or a dispenser shall have to pay a fee or tax or purchase hardware or
proprietary software required by the department Department specifically for
the use, establishment, maintenance, or transmission of the data. The
department Department shall seek grant funds and take any other action within
its financial capability to minimize any cost impact to health care providers
and dispensers.
***
Sec. 8. 18 V.S.A. § 4284 is amended to read:
§ 4284. PROTECTION AND DISCLOSURE OF INFORMATION
(a) The data collected pursuant to this chapter and all related information
and records shall be confidential, except as provided in this chapter, and shall
not be subject to public records law the Public Records Act. The department
Department shall maintain procedures to protect patient privacy, ensure the
confidentiality of patient information collected, recorded, transmitted, and
maintained, and ensure that information is not disclosed to any person except
as provided in this section.
(b)(1) The department shall be authorized to provide data to Department
shall provide only the following persons with access to query the VPMS:
(1) A patient or that person’s health care provider, or both, when VPMS
reveals that a patient may be receiving more than a therapeutic amount of one
or more regulated substances.
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(2)(A) A health care provider or, dispenser, or delegate who requests
information is registered with the VPMS and certifies that the requested
information is for the purpose of providing medical or pharmaceutical
treatment to a bona fide current patient.
(B) Personnel or contractors, as necessary for establishing and
maintaining the VPMS.
(C) The Medical Director of the Department of Vermont Health
Access, for the purposes of Medicaid quality assurance, utilization, and federal
monitoring requirements with respect to Medicaid recipients for whom a
Medicaid claim for a Schedule II, III, or IV controlled substance has been
submitted.
(D) A medical examiner or delegate from the Office of the Chief
Medical Examiner, for the purpose of conducting an investigation or inquiry
into the cause, manner, and circumstances of an individual’s death.
(E) A health care provider or medical examiner licensed to practice
in another state, to the extent necessary to provide appropriate medical care to
a Vermont resident or to investigate the death of a Vermont resident.
(2) The Department shall provide reports of data available to the
Department through the VPMS only to the following persons:
(A) A patient or that person’s health care provider, or both, when
VPMS reveals that a patient may be receiving more than a therapeutic amount
of one or more regulated substances.
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(3)(B) A designated representative of a board responsible for the
licensure, regulation, or discipline of health care providers or dispensers
pursuant to a bona fide specific investigation.
(4)(C) A patient for whom a prescription is written, insofar as the
information relates to that patient.
(5)(D) The relevant occupational licensing or certification authority if
the commissioner Commissioner reasonably suspects fraudulent or illegal
activity by a health care provider. The licensing or certification authority may
report the data that are the evidence for the suspected fraudulent or illegal
activity to a trained law enforcement officer drug diversion investigator.
(6)(E)(i) The commissioner of public safety Commissioner of Public
Safety, personally, or the Deputy Commissioner of Public Safety, personally, if
the commissioner of health Commissioner of Health, personally, or a Deputy
Commissioner of Health, personally, makes the disclosure, and has consulted
with at least one of the patient’s health care providers, and believes that when
the disclosure is necessary to avert a serious and imminent threat to a person or
the public.
(ii) The Commissioner of Public Safety, personally, or the Deputy
Commissioner of Public Safety, personally, when he or she requests data from
the Commissioner of Health, and the Commissioner of Health believes, after
consultation with at least one of the patient’s health care providers, that
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disclosure is necessary to avert a serious and imminent threat to a person or the
public.
(iii) The Commissioner or Deputy Commissioner of Public Safety
may disclose such data received pursuant to this subdivision (E) as is
necessary, in his or her discretion, to avert the serious and imminent threat.
(7) Personnel or contractors, as necessary for establishing and
maintaining the VPMS.
(F) A prescription monitoring system or similar entity in another state
pursuant to a reciprocal agreement to share prescription monitoring
information with the Vermont Department of Health as described in section
4288 of this title.
(c) A person who receives data or a report from VPMS or from the
department Department shall not share that data or report with any other
person or entity not eligible to receive that data pursuant to subsection (b) of
this section, except as necessary and consistent with the purpose of the
disclosure and in the normal course of business. Nothing shall restrict the right
of a patient to share his or her own data.
(d) The commissioner Commissioner shall offer health care providers and
dispensers training in the proper use of information they may receive from
VPMS. Training may be provided in collaboration with professional
associations representing health care providers and dispensers.
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(e) A trained law enforcement officer drug diversion investigator who may
receive information pursuant to this section shall not have access to VPMS
except for information provided to the officer by the licensing or certification
authority.
(f) The department Department is authorized to use information from
VPMS for research, trend analysis, and other public health promotion purposes
provided that data are aggregated or otherwise de-identified. The Department
shall post the results of trend analyses on its website for use by health care
providers, dispensers, and the general public. When appropriate, the
Department shall send alerts relating to identified trends to health care
providers and dispensers by electronic mail.
(g) Following consultation with the Unified Pain Management System
Advisory Council and an opportunity for input from stakeholders, the
Department shall develop a policy that will enable it to use information from
VPMS to determine if individual prescribers and dispensers are using VPMS
appropriately.
(h) Following consultation with the Unified Pain Management System
Advisory Council and an opportunity for input from stakeholders, the
Department shall develop a policy that will enable it to evaluate the
prescription of regulated drugs by prescribers.
(i) Knowing disclosure of transmitted data to a person not authorized by
subsection (b) of this section, or obtaining information under this section not
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relating to a bona fide specific investigation, shall be punishable by
imprisonment for not more than one year or a fine of not more than $1,000.00,
or both, in addition to any penalties under federal law.
(j) All information and correspondence relating to the disclosure of
information by the Commissioner to a patient’s health care provider pursuant
to subdivision (b)(2)(A) of this section shall be confidential and privileged,
exempt from public inspection and copying under the Public Records Act,
immune from subpoena or other disclosure, and not subject to discovery or
introduction into evidence.
(k) Each request for disclosure of data pursuant to subdivision (b)(2)(B) of
this section shall document a bona fide specific investigation and shall specify
the case number of the investigation.
Sec. 9. 18 V.S.A. § 4287 is amended to read:
§ 4287. RULEMAKING
The department Department shall adopt rules for the implementation of
VPMS as defined in this chapter consistent with 45 C.F.R. Part 164, as
amended and as may be amended, that limit the disclosure to the minimum
information necessary for purposes of this act and shall keep the senate and
house committees on judiciary, the senate committee on health and welfare,
and the house committee on human services advised of the substance and
progress of initial rulemaking pursuant to this section.
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Sec. 10. 18 V.S.A. § 4288 is added to read:
§ 4288. RECIPROCAL AGREEMENTS
The Department of Health may enter into reciprocal agreements with other
states that have prescription monitoring programs so long as access under such
agreement is consistent with the privacy, security, and disclosure protections in
this chapter.
Sec. 11. 18 V.S.A. § 4289 is added to read:
§ 4289. STANDARDS AND GUIDELINES FOR HEALTH CARE
PROVIDERS AND DISPENSERS
(a) Each professional licensing authority for health care providers shall
develop evidence-based standards to guide health care providers in the
appropriate prescription of Schedules II, III, and IV controlled substances for
treatment of chronic pain and for other medical conditions to be determined by
the licensing authority. The standards developed by the licensing authorities
shall be consistent with rules adopted by the Department of Health.
(b)(1) Each health care provider who prescribes any Schedule II, III, or IV
controlled substances shall register with the VPMS by November 15, 2013.
(2) If the VPMS shows that a patient has filled a prescription for a
controlled substance written by a health care provider who is not a registered
user of VPMS, the Commissioner of Health shall notify the applicable
licensing authority and the provider by mail of the provider’s registration
requirement pursuant to subdivision (1) of this subsection.
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(3) The Commissioner of Health shall develop additional procedures to
ensure that all health care providers who prescribe controlled substances are
registered in compliance with subdivision (1) of this subsection.
(c) Each dispenser who dispenses any Schedule II, III, or IV controlled
substances shall register with the VPMS.
(d) Health care providers shall query the VPMS with respect to an
individual patient in the following circumstances:
(1) at least annually for patients who are receiving ongoing treatment
with an opioid Schedule II, III, or IV controlled substance;
(2) when starting a patient on a Schedule II, III, or IV controlled
substance for nonpalliative long-term pain therapy of 90 days or more;
(3) the first time the provider prescribes an opioid Schedule II, III, or IV
controlled substance written to treat chronic pain; and
(4) prior to writing a replacement prescription for a Schedule II, III, or
IV controlled substance pursuant to section 4290 of this title.
(e) The Commissioner of Health shall, after consultation with the Unified
Pain Management System Advisory Council, adopt rules necessary to effect
the purposes of this section. The Commissioner and the Council shall consider
additional circumstances under which health care providers should be required
to query the VPMS, including whether health care providers should be
required to query the VPMS when a patient requests renewal of a prescription
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for an opioid Schedule II, III, or IV controlled substance written to treat acute
pain.
(f) Each professional licensing authority for dispensers shall adopt
standards, consistent with rules adopted by the Department of Health under
this section, regarding the frequency and circumstances under which its
respective licensees shall:
(1) query the VPMS; and
(2) report to the VPMS, which shall be no less than once every seven
days.
(g) Each professional licensing authority for health care providers and
dispensers shall consider the statutory requirements, rules, and standards
adopted pursuant to this section in disciplinary proceedings when determining
whether a licensee has complied with the applicable standard of care.
Sec. 11a. REPORTING OF DISPENSER STANDARDS
No later than March 31, 2014, each professional licensing authority for
dispensers shall submit the standards required by 18 V.S.A. § 4289(f) to the
VPMS Advisory Committee established in Sec. 13 of this act.
Sec. 12. 18 V.S.A. § 4290 is added to read:
§ 4290. REPLACEMENT PRESCRIPTIONS AND MEDICATIONS
(a) As used in this section, “replacement prescription” means an
unscheduled prescription request in the event that the document on which a
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patient’s prescription was written or the patient’s prescribed medication is
reported to the prescriber as having been lost or stolen.
(b) When a patient or a patient’s parent or guardian requests a replacement
prescription for a Schedule II, III, or IV controlled substance, the patient’s
health care provider shall query the VPMS prior to writing the replacement
prescription to determine whether the patient may be receiving more than a
therapeutic dosage of the controlled substance.
(c) When a health care provider writes a replacement prescription pursuant
to this section, the provider shall clearly indicate as much by writing the word
“REPLACEMENT” on the face of the prescription. The health care provider
shall document the writing of the replacement prescription in the patient’s
medical record.
Sec. 13. VPMS ADVISORY COMMITTEE
(a)(1) The Commissioner shall maintain an advisory committee to assist in
the implementation and periodic evaluation of the Vermont Prescription
Monitoring System (VPMS).
(2) The Committee shall make recommendations regarding ways to
improve the utility of the VPMS and its data.
(3) The Committee shall have access to aggregated, deidentified data
from the VPMS.
(b) The VPMS Advisory Committee shall be chaired by the Commissioner
of Health or designee and shall include the following members:
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(1) the Deputy Commissioner of Health for Alcohol and Drug Abuse
Programs;
(2) a representative from the Vermont Medical Society;
(3) a representative from the American College of Emergency
Physicians - Vermont Chapter;
(4) a representative from the Vermont State Nurses Association;
(5) a representative from the Vermont Board of Medical Practice;
(6) a representative from the Vermont Board of Pharmacy;
(7) a representative from the Vermont Pharmacists Association;
(8) a representative from the Vermont State Dental Society;
(9) the Commissioner of Public Safety;
(10) a representative of the Vermont Attorney General;
(11) a representative of the Vermont Substance Abuse Treatment
Providers Association;
(12) a mental health provider or a certified alcohol and drug abuse
counselor;
(13) a consumer in recovery from prescription drug abuse;
(14) a consumer receiving medical treatment for chronic pain; and
(15) any other member invited by the Commissioner.
(c) The Committee shall meet at least once annually but may be convened
at any time by the Commissioner or the Commissioner’s designee.
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(d) On or before January 15, 2014, the Committee shall provide
recommendations to the House Committees on Human Services and on Health
Care and the Senate Committee on Health and Welfare regarding ways to
maximize the effectiveness and appropriate use of the VPMS database,
including adding new reporting capabilities, in order to improve patient
outcomes and avoid prescription drug diversion. The Committee shall also
report on the feasibility of obtaining real-time information from the VPMS and
on its evaluation of whether increasing the frequency of dispenser reporting to
the VPMS from at least once every seven days to at least once every 24 hours,
or more frequently, would yield substantial benefits.
(e) The Committee shall cease to exist on July 1, 2014.
Sec. 13a. REPORT ON INTEGRATION OF ELECTRONIC MEDICAL
RECORDS AND THE VERMONT PRESCRIPTION
MONITORING SYSTEM
On or before December 1, 2014, the Department of Health shall provide to
the House Committees on Human Services and on Health Care, the Senate
Committee on Health and Welfare, and the House and Senate Committees on
Judiciary a report evaluating the potential for the integration of electronic
medical records with the VPMS. The report shall include an assessment of the
feasibility of the integration, identification of potential barriers to the
integration, and an estimate of the costs associated with the integration.
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Sec. 13b. REPORT ON PREVENTION ACTIVITIES
(a) The Agency of Education and the Department of Health shall use the
School Health Profile to survey public and approved independent middle and
high schools in Vermont to determine the quality and effectiveness of
substance abuse prevention education in Vermont’s schools.
(b) On or before January 15, 2015, the Secretary of Education and the
Commissioner of Health shall report their evaluation of the quality and
effectiveness of substance abuse prevention education in Vermont based on the
results of the survey required by this section, as well as their recommendations
for evidence-based and data-driven practices to be incorporated into school
quality standards in the health education domain, to the House Committees on
Human Services and on Health Care, the Senate Committee on Health and
Welfare, and the House and Senate Committees on Education and on Judiciary.
* * * Improving Access to Treatment and Recovery * * *
Sec. 14. UNIFIED PAIN MANAGEMENT SYSTEM ADVISORY
COUNCIL
(a) There is hereby created a Unified Pain Management System Advisory
Council for the purpose of advising the Commissioner of Health on matters
relating to the appropriate use of controlled substances in treating chronic pain
and addiction and in preventing prescription drug abuse.
(b) The Unified Pain Management System Advisory Council shall consist
of the following members:
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(1) the Commissioner of Health or designee, who shall serve as chair;
(2) the Deputy Commissioner of Health for Alcohol and Drug Abuse
Programs or designee;
(3) the Commissioner of Mental Health or designee;
(4) the Director of the Blueprint for Health or designee;
(5) the Chair of the Board of Medical Practice or designee, who shall be
a clinician;
(6) a representative of the Vermont State Dental Society, who shall be a
dentist;
(7) a representative of the Vermont Board of Pharmacy, who shall be a
pharmacist;
(8) a faculty member of the academic detailing program at the
University of Vermont’s College of Medicine;
(9) a faculty member of the University of Vermont’s College of
Medicine with expertise in the treatment of addiction or chronic pain
management;
(10) a representative of the Vermont Medical Society, who shall be a
primary care clinician;
(11) a representative of the American Academy of Family Physicians,
Vermont chapter, who shall be a primary care clinician;
(12) a representative from the Vermont Board of Osteopathic
Physicians, who shall be an osteopath;
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(13) a representative of the Federally Qualified Health Centers, who
shall be a primary care clinician selected by the Bi-State Primary Care
Association;
(14) a representative of the Vermont Ethics Network;
(15) a representative of the Hospice and Palliative Care Council of
Vermont;
(16) a representative of the Office of the Health Care Ombudsman;
(17) the Medical Director for the Department of Vermont Health
Access;
(18) a clinician who works in the emergency department of a hospital, to
be selected by the Vermont Association of Hospitals and Health Systems in
consultation with any nonmember hospitals;
(19) a member of the Vermont Board of Nursing Subcommittee on
APRN Practice, who shall be an advanced practice registered nurse;
(20) a representative from the Vermont Assembly of Home Health and
Hospice Agencies;
(21) a psychologist licensed pursuant to 26 V.S.A. chapter 55 who has
experience in treating chronic pain, to be selected by the Board of
Psychological Examiners;
(22) a drug and alcohol abuse counselor licensed pursuant to 33 V.S.A.
chapter 8, to be selected by the Deputy Commissioner of Health for Alcohol
and Drug Abuse Programs;
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(23) a retail pharmacist, to be selected by the Vermont Pharmacists
Association;
(24) an advanced practice registered nurse full-time faculty member
from the University of Vermont’s Department of Nursing; and
(25) a consumer representative who is either a consumer in recovery
from prescription drug abuse or a consumer receiving medical treatment for
chronic noncancer-related pain.
(c) Advisory Council members who are not employed by the State or
whose participation is not supported through their employment or association
shall be entitled to a per diem and expenses as provided by 32 V.S.A. § 1010.
(d)(1) The Advisory Council shall provide advice to the Commissioner
concerning rules for the appropriate use of controlled substances in treating
chronic noncancer pain and addiction and in preventing prescription drug
abuse.
(2) The Advisory Council shall evaluate the use of nonpharmacological
approaches to treatment for chronic pain, including the appropriateness,
efficacy, and cost-effectiveness of using complementary and alternative
therapies such as chiropractic, acupuncture, and massage.
(e) The Commissioner of Health may adopt rules pursuant to 3 V.S.A.
chapter 25 regarding the appropriate use of controlled substances after seeking
the advice of the Council.
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Sec. 14a. COMPLEMENTARY AND ALTERNATIVE TREATMENT
REPORT
On or before January 15, 2014, the Commissioner of Health shall provide to
the House Committees on Human Services and on Health Care and the Senate
Committee on Health and Welfare the findings and recommendations of the
Unified Pain Management System Advisory Council’s initial evaluation of the
use of nonpharmacological approaches to treatment for chronic pain, including
the use of complementary and alternative therapies. The Commissioner shall
provide the Committees with additional recommendations as appropriate as the
Advisory Council continues to consider nonpharmacological approaches to
treating chronic pain.
Sec. 14b. DEPARTMENT OF HEALTH; ACCESS TO OPIOID
TREATMENT
(a) The prevalence of opioid addiction and the lack of sufficient access to
opioid treatment in Vermont pose an imminent peril to the public health,
welfare, and safety to our citizens.
(b) The Vermont Department of Health shall study how Vermont can
increase access to opioid treatment, including methadone and suboxone, by
establishing a program whereby state-licensed physicians who are affiliated
with a licensed opioid maintenance treatment program may provide methadone
or suboxone to opioid-dependent people.
(c) The Commissioner of Health shall consult with the following people:
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(1) The Deputy Commissioner of Health for Alcohol and Drug Abuse
Programs;
(2) a representative from the Vermont Medical Society;
(3) a representative from the Vermont State Nurses Association;
(4) a representative from the Vermont Board of Medical Practice;
(5) a representative from the Vermont Board of Pharmacy;
(6) a representative from the Vermont Pharmacists Association;
(7) the Commissioner of Public Safety;
(8) a representative of the Vermont Attorney General;
(9) a representative of the Vermont Substance Abuse Treatment
Providers Association;
(10) a mental health provider or a certified alcohol and drug abuse
counselor;
(11) a consumer in recovery from prescription drug abuse;
(12) a representative from a clinical laboratory providing drug testing
and clinical support services to addiction treatment programs;
(13) the Commissioner of Corrections;
(14) The Defender General; and
(15) any other member designated by the Commissioner of Health.
(d)(1) The Department of Health shall adopt rules establishing a program
whereby state-licensed physicians who are affiliated with a licensed opioid
maintenance treatment program may provide methadone or suboxone to
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opioid-dependent people. Such rules may be adopted as emergency rules in
accordance with 3 V.S.A. chapter 25. The Department may adopt and enforce
such reasonable rules and procedures as are deemed necessary to carry out the
administration of the provisions of this section.
(2) The Commissioner of Health shall report its findings, including any
recommendations or proposed legislation to the House Committees on Health
Care and on Human Services and on Judiciary and Senate Committees on
Judiciary and on Health and Welfare on or before January 15, 2014.
Sec. 14c. 33 V.S.A. § 703 is amended to read:
§ 703. ALCOHOL AND DRUG ABUSE COUNCIL; CREATION; TERMS;
PER DIEM
(a) The alcohol and drug abuse council Alcohol and Drug Abuse Council is
established within the agency of human services Agency of Human Services to
promote the reduction of problems arising from alcohol and drug abuse by
advising the Secretary on policy areas that can inform agency programs.
(b) The council Council shall consist of eleven 11 members:
(1) the secretary of the agency of human services, commissioner of
public safety, commissioner of education, commissioner of liquor control, and
commissioner of motor vehicles Secretary of Human Services, Commissioner
of Public Safety, Secretary of Education, Commissioner of Liquor Control, and
Commissioner of Motor Vehicles or their designees;
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(2) one member shall be a member of a mental health or substance abuse
agency who shall be appointed by the governor Governor; and
(3) five members shall be appointed by the governor Governor of which
every consideration shall be given, if possible, to equal geographic
apportionment. One of these Consideration will be given for one of these
members shall to be a certified practicing teacher and one of these members
shall to be a school administrator.
(c) The term of office of members appointed pursuant to subdivisions
(b)(2) and (b)(3) of this section shall be three years.
(d) The secretary of the agency of human services council membership
shall annually elect a member to serve as chairperson.
(e) All members shall be voting members.
(f) At the expiration of the term of an appointed member, or in the event of
a vacancy during an unexpired term, the new member shall be appointed in the
same manner as his or her predecessor. Members of the council Council may
be reappointed.
(g) Each member of the council Council not otherwise receiving
compensation from the state State of Vermont or any political subdivision
thereof shall be entitled to receive per diem compensation of $30.00 for each
day as provided in 32 V.S.A. § 1010(b). Each member shall be entitled to his
or her actual and necessary expenses.
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Sec. 15. OPIOID ADDICTION TREATMENT IN HOSPITALS
Pursuant to 18 V.S.A. § 4240(b)(5), the Department of Health, in
collaboration with the Vermont Association of Hospitals and Health Systems,
the Vermont Association for Mental Health and Addiction Recovery, and the
Vermont Council of Developmental and Mental Health Services, shall, subject
to available resources, develop evidence-based guidelines and training for
hospitals regarding:
(1) screening for addiction;
(2) performing addiction interventions;
(3) making referrals to addiction treatment and recovery services for
victims admitted to or treated in a hospital emergency department; and
(4) informing hospitals about the specific addiction treatment and
recovery services available in the hospital’s service area.
Sec. 15a. REPORT ON OPIOID ADDICTION TREATMENT PROGRAMS
(a) On or before December 15, 2013, the Commissioners of Health and of
Vermont Health Access shall provide a written report to the House Committees
on Health Care and on Human Services, the Senate Committee on Health and
Welfare, and the House and Senate Committees on Judiciary regarding opioid
addiction treatment and recovery services being provided in Vermont.
(b) The report shall include:
(1) each program’s capacity, including the number of persons currently
served and the program’s maximum capacity;
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(2) the number of persons on the waiting list for each program, if
applicable, and the average length of time a person spends on the program’s
waiting list before services become available;
(3) specific information regarding the number of persons served by each
program that uses buprenorphine, buprenorphine/naloxone, or methadone for
the treatment of opioid addiction and the number of persons on the waiting list
for that program, if any;
(4) specific information about the implementation of the Hub and Spoke
Opioid Integrated Treatment Initiative, including a description of specialty
addiction treatment programs and general medical practices currently
providing medication-assisted treatment (MAT) and the number of persons
currently being served in specialty addiction treatment programs and in
Blueprint primary care practices toward a goal of reducing current waiting lists
statewide by 90 percent by January 15, 2015;
(5) how opioid addiction treatment services are integrated with existing
recovery and counseling programs in Vermont; and
(6) the Department of Health’s plans for addressing the need for
additional opioid addiction treatment programs, including a description of the
resources that the Department would need to meet the statewide demand for
specialty services, of continued barriers to treatment, and of particular
workforce needs.
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* * * Safe Disposal of Prescription Medication * * *
Sec. 16. UNUSED DRUG DISPOSAL PROGRAM PROPOSAL
(a) On or before January 15, 2014, the Commissioners of Health and of
Public Safety shall provide recommendations to the House and Senate
Committees on Judiciary, the House Committees on Human Services and on
Health Care, and the Senate Committee on Health and Welfare regarding the
design and implementation of a voluntary statewide drug disposal program for
unused over-the-counter and prescription drugs at no charge to the consumer.
In preparing their recommendations, the Commissioners shall consider
successful unused drug disposal programs in Vermont, including the
Bennington County Sheriff’s Department’s program, and programs in
other states.
(b) On or before July 1, 2014, the Commissioners of Health and of Public
Safety shall implement the voluntary unused drug disposal program developed
pursuant to subsection (a) of this section and shall take steps to publicize the
program and to make all Vermont residents aware of opportunities to avail
themselves of it.
* * * Preventing Deaths from Opioid Overdose * * *
Sec. 17. 18 V.S.A. § 4240 is added to read:
§ 4240. PREVENTION AND TREATMENT OF OPIOID-RELATED
OVERDOSES
(a) As used in this section:
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(1) “Health care professional” means a physician licensed pursuant to
26 V.S.A. chapter 23 or 33, a physician’s assistant certified to prescribe and
dispense prescription drugs pursuant to 26 V.S.A. chapter 31, or an advanced
practice registered nurse authorized to prescribe and dispense prescription
drugs pursuant to 26 V.S.A. chapter 28.
(2) “Opioid antagonist” means a drug that, when administered, negates
or neutralizes in whole or part the pharmacological effects of an opioid in the
body.
(3) “Victim” means the person who has overdosed on an opioid drug or
who is believed to have overdosed on an opiate drug.
(b) For the purpose of addressing prescription and nonprescription opioid
overdoses in Vermont, the Department shall develop and implement a
prevention, intervention, and response strategy, depending on available
resources, that shall:
(1) provide educational materials on opioid overdose prevention to the
public free of charge, including to substance abuse treatment providers, health
care providers, opioid users, and family members of opioid users;
(2) increase community-based prevention programs aimed at reducing
risk factors that lead to opioid overdoses;
(3) increase timely access to treatment services for opioid users,
including medication-assisted treatment;
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(4)(A) educate substance abuse treatment providers on methods to
prevent opioid overdoses;
(B) provide education and training on overdose prevention,
intervention, and response to individuals living with addiction and
participating in opioid treatment programs, syringe exchange programs,
residential drug treatment programs, or correctional services;
(5) facilitate overdose prevention, drug treatment, and addiction
recovery services by implementing and expanding hospital referral services for
individuals treated for an opioid overdose; and
(6) develop a statewide opioid antagonist pilot program that emphasizes
access to opioid antagonists to and for the benefit of individuals with a history
of opioid use.
(c)(1) A health care professional acting in good faith may directly or by
standing order prescribe, dispense, and distribute an opioid antagonist to the
following persons, provided the person has been educated about opioid-related
overdose prevention and treatment in a manner approved by the Department:
(A) a person at risk of experiencing an opioid-related overdose; or
(B) a family member, friend, or other person in a position to assist a
person at risk of experiencing an opioid-related overdose.
(2) A health care professional who prescribes, dispenses, or distributes
an opioid antagonist in accordance with subdivision (1) of this subsection shall
be immune from civil or criminal liability with regard to the subsequent use of
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the opioid antagonist, unless the health professional’s actions with regard to
prescribing, dispensing, or distributing the opioid antagonist constituted
recklessness, gross negligence, or intentional misconduct. The immunity
granted in this subdivision shall apply whether or not the opioid antagonist is
administered by or to a person other than the person for whom it was
prescribed.
(d)(1) A person may administer an opioid antagonist to a victim if he or she
believes, in good faith, that the victim is experiencing an opioid-related
overdose.
(2) After a person has administered an opioid antagonist pursuant to
subdivision (1) of this subsection (d), he or she shall immediately call for
emergency medical services if medical assistance has not yet been sought or is
not yet present.
(3) A person shall be immune from civil or criminal liability for
administering an opioid antagonist to a victim pursuant to subdivision (1) of
this subsection unless the person’s actions constituted recklessness, gross
negligence, or intentional misconduct. The immunity granted in this
subdivision shall apply whether or not the opioid antagonist is administered by
or to a person other than the person for whom it was prescribed.
(e) A person acting on behalf of a community-based overdose prevention
program shall be immune from civil or criminal liability for providing
education on opioid-related overdose prevention or for purchasing, acquiring,
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distributing, or possessing an opioid antagonist unless the person’s actions
constituted recklessness, gross negligence, or intentional misconduct.
(f) Any health care professional who treats a victim and who has
knowledge that the victim has been administered an opioid antagonist within
the preceding 30 days shall refer the victim to professional substance abuse
treatment services.
Sec. 18. STATEWIDE OPIOID ANTAGONIST PILOT PROGRAM
(a) The Department of Health shall develop and administer a statewide
pilot program for the purpose of distributing opioid antagonists to:
(1) individuals at risk of an opioid overdose;
(2) the family and friends of an individual at risk of experiencing an
opioid overdose; and
(3) others who may be in a position to assist individuals experiencing an
opioid overdose.
(b) In developing and implementing the pilot program, the Department
shall collaborate with community-based substance abuse organizations that
have experience delivering opioid-related prevention and treatment services as
determined by the Commissioner.
(c) The pilot program shall be in effect from July 1, 2013 through June 30,
2016. During the term of the pilot program, the Department shall purchase,
provide for the distribution of, and monitor the use of opioid antagonists
distributed in accordance with this section.
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(d) On or before January 15, 2016, the Department of Health shall submit a
report to the House Committees on Human Services, on Health Care, and on
Judiciary and to the Senate Committees on Health and Welfare and on
Judiciary evaluating the statewide opioid antagonist pilot program. The report
shall include findings that pertain to the cost and effectiveness of the program
and recommendations as to whether the program should be continued after
June 30, 2016.
Sec. 18a. 18 V.S.A. § 5208 is amended to read:
§ 5208. HEALTH DEPARTMENT; REPORT ON STATISTICS
(a) Beginning Notwithstanding the provisions of 2 V.S.A. § 20(d),
beginning October 1, 2011 and every two years thereafter, the Vermont
department of health Department of Health shall report to the house committee
on human services and the senate committee on health and welfare House
Committees on Human Services and on Health Care and the Senate Committee
on Health and Welfare regarding the number of persons who died during the
preceding two calendar years in hospital emergency rooms, other hospital
settings, in their own homes, in a nursing home, in a hospice facility, and in
any other setting for which information is available, as well as whether each
decedent received hospice care within the last 30 days of his or her life.
Beginning with the 2013 report, the department Department shall include
information on the number of persons who died in hospital intensive care units,
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assisted living facilities, or residential care homes during the preceding two
calendar years.
(b) In addition to the report required by subsection (a) of this section and
notwithstanding the provisions of 2 V.S.A. § 20(d), beginning March 1, 2014
and annually thereafter, the Department shall report to the House Committees
on Human Services and on Health Care, the Senate Committee on Health and
Welfare, and the House and Senate Committees on Judiciary regarding the
number of persons who died during the preceding calendar year from an
overdose of a Schedule II, III, or IV controlled substance. The report shall list
separately the number of deaths specifically related to opioids, including for
each death whether an opioid antagonist was administered and whether it was
administered by persons other than emergency medical personnel, firefighters,
or law enforcement officers. Beginning in 2015, the report shall include
similar data from prior years to allow for comparison.
* * * Protecting Communities from
Methamphetamine Abuse * * *
Sec. 19. 18 V.S.A. § 4234b is amended to read:
§ 4234b. EPHEDRINE AND PSEUDOEPHEDRINE
***
(b) Sale.
(1) A drug product containing ephedrine base, pseudoephedrine base, or
phenylpropanolamine base shall not be distributed at retail to the general
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public unless it is maintained in a locked display case or behind the counter out
of the public’s reach.
(2)(A) A retail establishment shall not knowingly sell complete a sale to
a person within a calendar day any if the drug product or combination of drug
products containing purchased would surpass a total of more than 3.6 grams
within a 24-hour period or nine grams within a 30-day period of ephedrine
base, pseudoephedrine base, or phenylpropanolamine base or their isomers.
(B) This subdivision shall not apply to drug products dispensed
pursuant to a valid prescription.
(3) A person or business which violates this subdivision shall:
(A) for a first violation be assessed a civil penalty of not more than
$100.00.; and
(B) for a second and subsequent violation be assessed a civil penalty
of not more than $500.00.
(c) Electronic registry system.
(1)(A) Retail establishments shall use an electronic registry system to
record the sale of products made pursuant to subsection (b) of this section. The
electronic registry system shall have the capacity to block a sale of
nonprescription drug products containing ephedrine base, pseudoephedrine
base, or phenylpropanolamine base that would result in a purchaser exceeding
the lawful daily or monthly amount. The system shall contain an override
function that may be used by an agent of a retail establishment who is
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dispensing the drug product and who has a reasonable fear of imminent bodily
harm to his or her person or to another person if the transaction is not
completed. The system shall create a record of each use of the override
mechanism.
(B) The electronic registry system shall be available free of charge to
the State of Vermont, retail establishments, and local law enforcement
agencies.
(C) The electronic registry system shall operate in real time to enable
communication among in-state users and users of similar systems in
neighboring states.
(D) The State shall use the National Precursor Log Exchange
(NPLEx) online portal or its equivalent to host Vermont’s electronic registry
system.
(2)(A) Prior to completing a sale under subsection (b) of this section, a
retail establishment shall require the person purchasing the drug product to
present a current, valid government-issued identification document. The retail
establishment shall record in the electronic registry system:
(i) the name and address of the purchaser;
(ii) the name of the drug product and quantity of ephedrine,
pseudoephedrine, and phenylpropanolamine base sold in grams;
(iii) the date and time of purchase;
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(iv) the form of identification presented, the issuing government
entity, and the corresponding identification number; and
(v) the name of the person selling or furnishing the drug product.
(B)(i) If the retail establishment experiences an electronic or
mechanical failure of the electronic registry system and is unable to comply
with the electronic recording requirement, the retail establishment shall
maintain a written log or an alternative electronic record-keeping mechanism
until the retail establishment is able to comply fully with this subsection (c).
(ii) If the region of the State where the retail establishment is
located does not have broadband Internet access, the retail establishment shall
maintain a written log or an alternative electronic record-keeping mechanism
until broadband Internet access becomes accessible to that region. At that
time, the retail establishment shall come into compliance with this
subsection (c).
(C) A retail establishment shall maintain all records of drug product
purchases made pursuant to this subsection (c) for a minimum of two years.
(3) A retail establishment shall display a sign at the register provided by
NPLEx or its equivalent to notify purchasers of drug products containing
ephedrine, pseudoephedrine, or phenylpropanolamine base that:
(A) the purchase of the drug product or products shall result in the
purchaser’s identity being listed on a national database; and
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(B) the purchaser has the right to request the transaction number for
any purchase that was denied pursuant to this subsection (c).
(4) Except as provided in subdivision (5) of this subsection (c), a person
or retail establishment that violates this subsection shall:
(A) for a first violation be assessed a civil penalty of not more than
$100.00; and
(B) for a second or subsequent violation be assessed a civil penalty of
not more than $500.00.
(d) This section shall not apply to a manufacturer which that has obtained
an exemption from the Attorney General of the United States under Section
711(d) of the federal Combat Methamphetamine Epidemic Act of 2005.
(d)(e) As used in this section:
(1) “Distributor” means a person, other than a manufacturer or
wholesaler, who sells, delivers, transfers, or in any manner furnishes a drug
product to any person who is not the ultimate user or consumer of the product.
(2) “Knowingly” means having actual knowledge of the relevant facts.
(3) “Manufacturer” means a person who produces, compounds,
packages, or in any manner initially prepares a drug product for sale or use.
(4) “Wholesaler” means a person, other than a manufacturer, who sells,
transfers, or in any manner furnishes a drug product to any other person for the
purpose of being resold.
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Sec. 19a. 18 V.S.A. § 4234b is amended to read:
§ 4234b. EPHEDRINE AND PSEUDOEPHEDRINE
***
(c) Electronic registry system.
(1)(A) Retail establishments shall use an electronic registry system to
record the sale of products made pursuant to subsection (b) of this section. The
electronic registry system shall have the capacity to block a sale of
nonprescription drug products containing ephedrine base, pseudoephedrine
base, or phenylpropanolamine base that would result in a purchaser exceeding
the lawful daily or monthly amount. The system shall contain an override
function that may be used by an agent of a retail establishment who is
dispensing the drug product and who has a reasonable fear of imminent bodily
harm to his or her person or to a co-worker if the transaction is not completed.
The system shall create a record of each use of the override mechanism.
(B) The electronic registry system shall be available free of charge to
the State of Vermont, retail establishments, and local law enforcement
agencies.
(C) The electronic registry system shall operate in real time to enable
communication among in-state users and users of similar systems in
neighboring states.
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(D) The State shall use the National Precursor Log Exchange
(NPLEx) online portal or its equivalent to host Vermont’s electronic registry
system.
(2)(A) Prior to completing a sale under subsection (b) of this section, a
retail establishment shall require the person purchasing the drug product to
present a current, valid government-issued identification document. The retail
establishment shall record in the electronic registry system:
(i) the name and address of the purchaser;
(ii) the name of the drug product and quantity of ephedrine,
pseudoephedrine, and phenylpropanolamine base sold in grams;
(iii) the date and time of purchase;
(iv) the form of identification presented, the issuing government
entity, and the corresponding identification number; and
(v) the name of the person selling or furnishing the drug product.
(B)(i) If the retail establishment experiences an electronic or
mechanical failure of the electronic registry system and is unable to comply
with the electronic recording requirement, the retail establishment shall
maintain a written log or an alternative electronic record-keeping mechanism
until the retail establishment is able to comply fully with this subsection (c).
(ii) If the region of the State where the retail establishment is
located does not have broadband Internet access, the retail establishment shall
maintain a written log or an alternative electronic record-keeping mechanism
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until broadband Internet access becomes accessible to that region. At that
time, the retail establishment shall come into compliance with this
subsection (c).
(C) A retail establishment shall maintain all records of drug product
purchases made pursuant to this subsection (c) for a minimum of two years.
(3) A retail establishment shall display a sign at the register provided by
NPLEx or its equivalent to notify purchasers of drug products containing
ephedrine, pseudoephedrine, or phenylpropanolamine base that:
(A) the purchase of the drug product or products shall result in the
purchaser’s identity being listed on a national database; and
(B) the purchaser has the right to request the transaction number for
any purchase that was denied pursuant to this subsection (c).
(4) Except as provided in subdivision (5) of this subsection (c), a person
or retail establishment that violates this subsection shall:
(A) for a first violation be assessed a civil penalty of not more than
$100.00; and
(B) for a second or subsequent violation be assessed a civil penalty of
not more than $500.00. [Repealed.]
(d) This section shall not apply to a manufacturer that has obtained an
exemption from the Attorney General of the United States under Section
711(d) of the federal Combat Methamphetamine Epidemic Act of 2005.
(e) As used in this section:
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(1) “Distributor” means a person, other than a manufacturer or
wholesaler, who sells, delivers, transfers, or in any manner furnishes a drug
product to any person who is not the ultimate user or consumer of the product.
(2) “Knowingly” means having actual knowledge of the relevant facts.
(3) “Manufacturer” means a person who produces, compounds,
packages, or in any manner initially prepares a drug product for sale or use.
(4) “Wholesaler” means a person, other than a manufacturer, who sells,
transfers, or in any manner furnishes a drug product to any other person for the
purpose of being resold.
Sec. 20. THE EFFECT OF METHAMPHETAMINE PRODUCTION ON
HOUSING
(a) The Commissioner of Health shall recommend guidance for
reoccupancy of a structure that was used in the production of
methamphetamine.
(b) The Commissioner shall examine:
(1) Approaches for identifying housing that is or has been used for
methamphetamine production and methods for making such housing safe,
including:
(A) standards for reoccupancy;
(B) whether purchasers or tenants of housing that has been affected
by methamphetamine production should be provided with notification of such,
and if so, how; and
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(C) methods taken by other states in identifying, quarantining, and
cleaning such housing as well as methods used by other states to notify
affected parties.
(2) The public health effects of long-term exposure to housing that is or
has been contaminated by by-products resulting from production of
methamphetamine.
(c) The Commissioner shall report his or her findings, including any
recommendations or proposed legislation to the House Committees on
General, Housing and Military Affairs, on Judiciary, on Health Care, and on
Human Services and the Senate Committees on Economic Development,
Housing and General Affairs, on Judiciary, and on Health and Welfare on or
before June 15, 2014.
* * * Community Safety * * *
Sec. 21. 13 V.S.A. § 3705 is amended to read:
§ 3705. UNLAWFUL TRESPASS
(a)(1) A person shall be imprisoned for not more than three months or fined
not more than $500.00, or both, if, without legal authority or the consent of the
person in lawful possession, he or she enters or remains on any land or in any
place as to which notice against trespass is given by:
(1)(A) Actual actual communication by the person in lawful possession
or his or her agent or by a law enforcement officer acting on behalf of such
person or his or her agent; or
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(2)(B) Signs signs or placards so designed and situated as to give
reasonable notice; or
(C) in the case of abandoned property:
(i) signs or placards, posted by the owner, the owner’s agent, or a
law enforcement officer, and so designed and situated as to give reasonable
notice; or
(ii) actual communication by a law enforcement officer.
(2) As used in this subsection, “abandoned property” means:
(A) Real property on which there is a vacant structure that for the
previous 60 days has been continuously unoccupied by a person with the legal
right to occupy it and with respect to which the municipality has by first class
mail to the owner’s last known address provided the owner with notice and an
opportunity to be heard; and
(i) property taxes have been delinquent for six months or more; or
(ii) one or more utility services have been disconnected.
(B) A railroad car that for the previous 60 days has been unmoved
and unoccupied by a person with the legal right to occupy it.
(b) Prosecutions for offenses under subsection (a) of this section shall be
commenced within 60 days following the commission of the offense and not
thereafter.
(c) A person who enters a building other than a residence, whose normal
access is normally locked, whether or not the access is actually locked, or a
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residence in violation of an order of any court of competent jurisdiction in this
state State shall be imprisoned for not more than one year or fined not more
than $500.00, or both.
(d) A person who enters a dwelling house, whether or not a person is
actually present, knowing that he or she is not licensed or privileged to do so
shall be imprisoned for not more than three years or fined not more than
$2,000.00, or both.
Sec. 22. [DELETED]
Sec. 22a. 9 V.S.A. chapter 97 is amended to read:
CHAPTER 97. PAWNBROKERS
***
§ 3865. RECORDS OF A PAWNBROKER OR SECONDHAND DEALER
(a) In each year a pawnbroker or secondhand dealer resells over $500.00
$2,500.00 of items pawned, pledged, or sold to the pawnbroker or secondhand
dealer, he or she shall maintain the following records for each transaction in
that year:
(1) a legible statement written at the time of the transaction stating the
amount of money lent or paid for the items pawned, pledged, or sold, the time
of the transaction, and the rate of interest to be paid on the loan, as applicable;
(2) a legible statement of the name, current address, telephone number,
and vehicle license number of the person pawning, pledging, or selling the
items;
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(3) a legible written description and photograph, or alternatively a video,
of the items pawned, pledged, or sold;
(4) a photocopy of a government-issued identification card issued to the
person pawning, pledging, or selling the items, if available.
(b) At all reasonable times, the records required under subsection (a) of this
section shall be open to the inspection of law enforcement. A law enforcement
agency shall make a reasonable effort to notify a dealer before conducting an
inspection pursuant to this section unless providing notice would interfere with
a criminal investigation or any other legitimate law enforcement purpose.
(c) In this section:
(1) “Precious metal” means gold, silver, platinum, or palladium.
(2) “Secondhand dealer” means a person engaged in the business of
purchasing used or estate precious metal, coins, antiques, furniture, jewelry, or
similar items for the purpose of resale.
***
§ 3871. PENALTIES
(a) A licensee who violates a provision of sections 3863-3870 3863–3864
or 3866–3870 of this title, shall be fined not more than $100.00 nor less than
$10.00 for each offense.
(b) A pawnbroker or precious metal dealer who violates a provision of
section 3865 or 3872 of this chapter:
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(1) may be assessed a civil penalty not to exceed $1,000.00 for a first
violation; and
(2) shall be fined not more than $25,000.00 for a second or subsequent
violation.
***
Sec. 22b. PUBLIC OUTREACH TO VERMONT PRECIOUS METAL
DEALERS
The Department of Public Safety shall design and implement a public
outreach campaign to inform and educate pawnbrokers, precious metal dealers,
and others affected by 9 V.S.A. chapter 97 of the current statutory provisions
governing the purchase and sale of precious metals, including:
(1) the items that should be regulated as “precious metal” or other
secondhand goods;
(2) the type of transactions governed by the chapter;
(3) the recordkeeping requirements of the chapter;
(4) the 10-day holding period requirement;
(5) methods for increasing communication with the Department of
Public Safety regarding possible suspicious activity within their business
transactions; and
(6) other information supporting the purpose of the campaign.
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Sec. 22c. INTERIM STUDY COMMITTEE ON THE REGULATION OF
PRECIOUS METAL DEALERS
(a) Creation of committee. There is created an Interim Study Committee
on the Regulation of Precious Metal Dealers, the purpose of which shall be to
examine the current practices in the trade of precious metals in Vermont and
the nexus of that trade to drug-related and other illegal activity, and to provide
recommendations to the General Assembly on the most effective means of
regulating the trade to decrease the amount of related illegal activity and
promote the recovery of stolen property.
(b) Membership. The Committee shall be composed of the following
members:
(1) three members of the House of Representatives, not all of the same
party, appointed by the Speaker of the House, one each from the Committees
on Judiciary, on Commerce and Economic Development, and on Government
Operations; and
(2) three members of the Senate, not all of the same party, appointed by
the Committee on Committees, one each from the Committees on Judiciary, on
Economic Development, Housing and General Affairs, and on Government
Operations.
(c) Powers and duties.
(1) The Committee shall study methods for increasing cooperation
between law enforcement and dealers in precious metals and other secondhand
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items in an effort to prevent the theft of these items and retrieve stolen
property, including the following:
(A) the types of items that should be included in a regulatory scheme;
(B) the advisability, cost, and effectiveness of creating and
maintaining a stolen property database and website for the purpose of posting
pictures and information about stolen items;
(C) the creation of a licensing system for precious metal dealers and
others, including what information would be required of applicants, who would
be eligible for a license, and how the licensing program would be
implemented;
(D) the appropriate recordkeeping requirements for precious metal
dealers and others, including the possibility of requiring sales of a certain
volume to be recorded electronically; and
(E) any other related issues that the Committee deems appropriate.
(2) The Committee shall consult with the following people during its
deliberations:
(A) a Vermont-based representative from the New England Jewelers
Association;
(B) a representative from the Vermont Antique Dealers Association;
(C) Vermont-based coin dealers;
(D) Vermont-based auctioneers;
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(E) a private citizen who has been affected by the theft of precious
metals;
(F) a representative from a Vermont-based business that uses
precious metals for manufacturing or industrial purposes;
(G) a representative from the jewelry manufacturing industry;
(H) a representative from the Vermont Department of State’s
Attorneys and Sheriffs;
(I) a representative of local law enforcement from the Vermont
Police Association;
(J) the Commissioner of Public Safety; and
(K) the Vermont Attorney General.
(3) For purposes of its study of these issues, the Committee shall have
the administrative, technical, and legal assistance of the Office of Legislative
Council and the Joint Fiscal Office.
(d) Report. On or before January 15, 2014, the Committee shall report its
findings and any recommendations for legislative action to the Senate
Committees on Economic Development, Housing and General Affairs, on
Judiciary, and on Government Operations, and the House Committees on
Commerce and Economic Development, on Judiciary, and on Government
Operations.
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(e) Meetings.
(1) Four members of the Committee shall be physically present at the
same location to constitute a quorum.
(2) Action shall be taken only if there is both a quorum and an
affirmative vote of the majority of members physically present and voting.
(3) The Committee may meet no more than five times and shall cease to
exist on January 16, 2014.
Sec. 22d. Sec. 1 of H.200 of 2013, as enacted, is amended in 18 V.S.A.
§ 4230(a), in subdivision (2), after “two ounces or more of marijuana” by
adding “or 10 grams or more of hashish” and in subdivision (3), after “one
pound or more of marijuana” by adding “or 2.8 ounces or more of hashish” and
in subdivision (4), after “10 pounds or more of marijuana” by adding “or one
pound or more of hashish”
Sec. 22e. Sec. 1 of H.200 of 2013, as enacted, is amended in 18 V.S.A. § 4230
by striking “* * *” and inserting in lieu thereof the following:
(b) Selling or dispensing.
(1) A person knowingly and unlawfully selling marijuana or hashish
shall be imprisoned not more than two years or fined not more than
$10,000.00, or both.
(2) A person knowingly and unlawfully selling or dispensing marijuana
in an amount consisting of one or more preparations, compounds, mixtures, or
substances of an aggregate weight of one-half ounce or more containing any of
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marijuana or 2.5 grams or more of hashish shall be imprisoned not more than
five years or fined not more than $100,000.00, or both.
(3) A person knowingly and unlawfully selling or dispensing marijuana
in an amount consisting of one or more preparations, compounds, mixtures, or
substances of an aggregate weight of one pound or more containing any of
marijuana or 2.8 ounces of hashish shall be imprisoned not more than 15 years
or fined not more than $500,000.00, or both.
(c) Trafficking. A person knowingly and unlawfully possessing marijuana
in an amount consisting of one or more preparations, compounds, mixtures, or
substances of an aggregate weight of 50 pounds or more containing any of
marijuana or five pounds or more of hashish with the intent to sell or dispense
the marijuana or hashish shall be imprisoned not more than 30 years or fined
not more than $1,000,000.00, or both. There shall be a permissive inference
that a person who possesses marijuana in an amount consisting of one or more
preparations, compounds, mixtures, or substances of an aggregate weight of 50
pounds or more containing any of marijuana or five pounds or more of hashish
intends to sell or dispense the marijuana or hashish.
Sec. 22f. Sec. 13 of H.200 of 2013, as enacted, is amended in subsection (a)
(effective dates) by striking “Secs. 12 and 13” where it appears and inserting in
lieu thereof “Sec. 11” and in subsection (b) by striking “Sec. 6” and inserting
in lieu thereof “Sec. 5”
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* * * Effective Dates * * *
Sec. 23. EFFECTIVE DATES; SUNSET
(a) This section and Secs. 2a (emergency rules), 3a (board of pharmacy;
rulemaking), 11(e) (Health Department rules), 11(f) (licensing authority
standards), 13 (VPMS Advisory Committee), 13b (prevention report), 20
(study committee on the effects of the production of methamphetamine and
other illegal drugs on housing), 22a (9 V.S.A. chapter 97A; secondhand
dealers), 22b (public outreach; precious metal dealers), 22c (interim study;
precious metal dealers), and 22f (H.200 effective dates) of this act shall take
effect on passage.
(b) Secs. 10 (18 V.S.A. § 4288; reciprocal agreements), 12 (18 V.S.A.
§ 4290; replacement prescriptions), and 19 (18 V.S.A. § 4234b; ephedrine and
pseudoephedrine), and Sec. 8(b)(2)(F) (18 V.S.A. § 4284(b)(2)(F); interstate
data sharing) of this act shall take effect on October 1, 2013.
(c) Sec. 11(d) (VPMS query requirements) of this act shall take effect on
November 15, 2013.
(d) Sec. 19a (18 V.S.A. § 4234b; ephedrine and pseudoephedrine) of this
act shall take effect on September 30, 2016.
(e) Secs. 22d (possession of marijuana) and 22e (selling or dispensing
marijuana) shall take effect on July 2, 2013.
(f) The remaining sections of this act shall take effect on July 1, 2013.
Date the Governor signed the bill: June 5, 2013
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